Examination Appeal Process
There are three possible levels of appeal. The first level is with the Examiner of Record; the second level is with the Personnel Director; and the third level is heard by the Personnel Commission. For additional information refer to Personnel Commission Rule 624.
The information below, with the exception of submission timelines, applies to all levels of appeal. In the response letter you receive at each level of appeal, information will be included on how to proceed to the next level of appeal, should you choose to do so, as well as the time frame for submission.
Candidates may appeal their test results only after they have participated in a timely review of their examination results with a member of the Personnel Commission staff.
Bases for an Appeal
There are three bases upon which one can appeal examination results. Below is a definition for each basis. Appeals which are not consistent with one of these reasons listed below will not be considered. Disagreement with the raters alone is not a basis for appeal.
Failure to submit an appeal within the prescribed time limits to the Personnel Commission constitutes a waiver of the right to appeal test results.
Procedural Error
Procedural error is a lapse, omission, or breach in the consistency of the administration of the process that may cause some individuals to be unfairly advantaged or disadvantaged in the assessment. To appeal on the basis of procedural error, one must identify the specific error and explain the reason that the issue affected their examination outcome.
Abuse of Discretion or Bias
Abuse of discretion is the exercise of judgment made irrespective of the facts. Bias is an express or implicit favoritism or disfavor for specific individuals. To appeal on the basis of abuse of discretion or bias, one must identify the divergence of judgment from facts and data or the specific biasing relationship or factor and explain the reason that the conduct affected their examination outcome.
Illegal Discrimination
Illegal discrimination is anything written, stated, or otherwise communicated that indicates discrimination on the basis of race, color, religion, national origin, age, gender, sexual orientation, or any other category of people protected under anti-discrimination law. To appeal on the basis of discrimination, one must identify specific evidence of discrimination (e.g., a comment, statement, or act) and explain how the comment, statement or act affected their examination outcome.
Checklist
To begin the appeal process (1st level), your appeal must:
- Be in writing
- Clearly articulate your basis for appeal
- Identify the remedy sought
- Be received by our office by 4:00PM within 5 working days from the date you reviewed your examination materials with our staff. Please submit all appeals via email to: class_jobs@laccd.edu.